While disputes over parenting time and parental responsibilities are commonly some of the most difficult aspects of a divorce to resolve, some parents go above and beyond normal levels of conflict and try to prevent the other parent from having any access to the children at all. Sometimes, this behavior is based on legitimate concerns about a spouse’s parental fitness because of a true history of abuse, neglect or concerning personal behavior. Most of the time, however, high-conflict custody disputes are just an extension of parental interpersonal conflict in which one parent has, or both parents have, decided to use the children to try to get revenge.
If you are getting divorced or are seeking a child custody modification in Illinois, and your situation has already become very tense, here are three major mistakes to avoid as your case plays out in court.
Mistake #1: Try to Convince a Judge that Your Spouse is the Bad Guy
Illinois family law judges have seen it all. They are highly attuned to the possibility that a parent might be using false allegations to try to gain the upper hand in court. If you are truly concerned that your child’s other parent is an unfit parent, provide clear, unbiased evidence that supports your allegations. Do not call the other parent names, lose your temper in court appearances, leave threatening voicemails or give a judge any reason to believe your allegations are based more on a personal vendetta than objective truth. This includes making tasteless social media posts about the other parent, which can be easily accessed and produced as evidence in court.
...